[To be published in the Gazette of India Extraordinary Part-II, Section - 3,
Sub-Section (ii)]
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Public Notice No. 81/2015-20
New Delhi, Dated the 22 March, 2019
Subject: Procedure for allocation of quota for import of (i) Calcined Pet Coke
(0.5 Million MT per annum) for Aluminum Industry and (ii) Raw Pet Coke (1.4
Million MT) for CPC manufacturing industry -regd.
S.O.(E) ...The Hon'ble Supreme Court in the Writ Petition No. 13029/1985 vide
its order dated 4th October, 2018, has decreed that the import of raw material
for use as Calcined Pet coke (CPC) in Aluminium Industry cannot exceed 0.5
Million MT per annum in total. Similarly import of Raw Pet Coke for CPC
manufacturing industry cannot exceed 1.4 Million MT per annum. In light of the
Order of the Hon'ble Supreme Court, the import policy condition of Pet Coke was
amended vide Notification No. 42 dated 23rd October, 2018 and wherein it had
been indicated that the regulation and monitoring of such imports will be as per
the guidelines of Ministry of Environment, Forest and Climate Change issued vide
OM No Q-18011/54/2018-CPA dated 10th September, 2018.
2. Pursuant to the above and in exercise of the powers conferred by Section 5 of
the Foreign Trade (Development & Regulation) Act, 1992 as amended from time to
time read with Para 2.04 of the Foreign Trade Policy (2015-2020), the Director
General of Foreign Trade hereby notifies the procedure/ mechanism to implement
the quantitative restriction imposed on import of Calcined Pet Coke and Raw Pet
Coke for year 2019-2020, as under:
Conditions and modalities of application for import of Pet coke.
(i) Imports will be subject to guidelines laid down by Ministry of Environment,Forest and Climate Change issued vide OM No Q-18011/54/2018-CPA
dated 10th September, 2018;
(ii) The annual quantity limitation in import will be operated on fiscal year
basis. Accordingly, the total quantity permitted for import per annum by the
Hon'ble Supreme Court and available for import is (i) Calcined Pet Coke
for use as Calcined Pet coke in Aluminium Industry is 0.5 Million MT and
(ii) Raw Pet Coke for CPC manufacturing industry is 1.4 Million MT. This is
available for all industrial units in these two sectors including the
petitioners.
(iii) All eligible entities desiring to avail quota as mentioned above, may
apply
for import license in ANF 2M to DGFT (Exim Facilitation Committee)
Udyog Bhavan, New Delhi - 110 011 with copy to concerned jurisdictional
Regional Authority of DGFT along with capacity of the unit and a valid
consent certificate from State Pollution Control Board (SPCB)/ Pollution
Control Committee (PCC), in the name of user industrial units indicating
the quantity permitted for import and its usage on a monthly and yearly
basis.
(iv) Completed application form (ANF 2M) along with ANF-1 (Importer
Exporter Profile) and the documents mentioned at (iii) above must reach
on or before 31st March, 2019. Application fee shall be paid in accordance
with the procedure as in Appendix 2K of Appendices & Aayat Niryat Forms
and submitted to petcokeimport-dgft@nic.in The subject header of this
e-mail shall be "Name of applicant / IE Code/ quantity applied in Million
Ton/Name of the RA where application is being filed.
(for example if M/s. ABC imports having IE Code 1234567890 are intending to file
an application at Ahmedabad for export of 1000 MT then the subject header would
be: ABC imports / 1234567890 /1000 MT / Ahmedabad )
(v) If documents received are found in order, application will be considered in
Exim Facilitation Committee (EFC) for import of restricted items and the
concerned jurisdictional RA will grant authorization. The import license/authorization will be valid till 31.3.2020 only for the purpose of imports.
(vi) If, after obtaining permission/license, importer cannot utilize/ import the
entire quantity for which the license has been issued, the applicant shall
intimate the same to DGFT at petcokeimport-dgft@nic.in within 30 days
of the allocation of such quota in order to facilitate distribution of the
unutilized quota to other applicants who had applied initially.
(vii) Holders of the license for import of Pet Coke would keep the RA informed
of the details of his import consignments i.e the quantity of import, source
and date of import along with details of Bill of entry in respect of each
consignment on clearance of goods from Customs. Subsequently, a
consolidated report within 30 days of the expiry of import authorization
period must be submitted to the Regional Authority, giving consolidated
details of all imports made during the period
(viii) EFC in DGFT will evaluate and allot quota among applicants by 5th April
2019 and licenses will be issued by the concerned jurisdictional Regional
Authorities of DGFT by the 12th April, 2019.
(ix) Review of the quota available, if any, after surrender of the quota by
allottees will be held thereafter; and
(x) Imports have to be completed before 31.3.2020 of the financial year i.e.
consignments must be cleared by customs authorities before this date.
2. Effect of this Public Notice: Procedure for allocation of quota for import of
(i) Calcined Pet Coke for use as Calcined Pet coke (CPC) in Aluminium Industry
and (ii) Raw Pet Coke for CPC manufacturing industry is notified.
(Alok Vardhan Chaturvedi)
Director General of Foreign Trade
and
Ex-officio Additional Secretary to the Government of India
E-mail: dgft@nic.in
[F. No: 01/93/180/03/AM-10/PC-2(A) Part-1]